No. 13/16.01.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant is present through Ld. Advocate Mr. P. Banerjee.  Respondent is present in person.  This appeal has been filed challenging the order dated 07.05.2007 by D.C.D.R.F. Pashim Medinipur in Complaint Case No. 1 of 2007 whereby the complaint was allowed with certain directions.  At the outset Mr. Banerjee appearing for the Appellant contends that the impugned judgement has been passed against the Appellant without granting any opportunity to file evidence on Affidavit.  Mr. Banerjee also complained against non-service of notice upon his client.  As the record shows the postal endorsement which satisfied the Forum below as regards service cannot be disputed at this stage, we have taken into consideration the question of not granting opportunity of filing of evidence.  Mr. Banerjee produces the certified copy of the entire Order Sheets.  On perusal thereof it does not appear any opportunity was granted for filing evidence on Affidavit by either party.  In the circumstances we are of the opinion that the proceeding has not been conducted in accordance with law granting due opportunity to the contesting parties.  On the aforesaid ground appeal is allowed.  Impugned judgement is set aside and the Forum below is directed to decide the matter in accordance with law granting all due opportunities to the parties including the opportunity to file evidence.